Theaetetus:bluefoxicy: Also similar, he could have had sex with a drunk chick at a party who later accused him of rape and there's your mentally incapable etc, which is of course a crime that happens constantly

That's incorrect. The statute is:18 USC 2242(2): Whoever... knowingly-(2) engages in a sexual act with another person if that other person is-(A) incapable of appraising the nature of the conduct; or(B) physically incapable of declining participation in, or communicating unwillingness to engage in, that sexual act;or attempts to do so, shall be fined under this title and imprisoned for any term of years or for life.

See that knowingly bit? It's not a "gosh, we were drunk and had consensual sex and now she's regretting it," it's a "I know she's incapable of declining or appraising the nature of the conduct, and I'm going to have sex with her anyway." It's explicitly required in the crime that you know the other person is incapable of consenting, and if you have sex with someone while knowing that they're in such a state, then yes, you are a rapist.

So a drunk man is still legally responsible for his actions, but a drunk girl isn't. Got it.

fappomatic:sexual acts involving force or carried out under threat, 18 U.S.C. 2241(a)sexual acts with one whom the actor causes unconscious, or impairs by drugging or intoxication, 18 U.S.C. 2241(b)sexual acts with a child under the age of 12, 18 U.S.C. 2241(c)sexual acts with one whom is mentally incapable of appraising, or physically incapable of declining, or communicates unwillingness of, the sex act, 18 U.S.C. 2242

So rape, kiddie rape, and "OMG I'M SOOOO DRUNK let's f*** and I'll press charges in the morning blaming you for getting me drunk and taking my innocence" are all on the same tier? Well, sure, that makes sense.

I just double checked, and liking a post doesn't give the person full access to your profile. You can get a name and possibly a location, though I've seen that second line be occupation, school, country, but usually completely blank. ... And, not to break out the tinfoil hat or anything, but are they really sitting there monitoring their police station's Facebook, munching on donuts while inventing new laws to enforce, instead of out doing something? ... We all know Facebook would roll over on anything without even needing a "Please" let alone a subpoena. I say they got sneaky and don't want to admit it.

1) Holy fark, you're creepy, bluefoxicy. You apparently take repeated refusals as an invitation to continue. You talk about "prying" some girl's legs open. I sure as fark wouldn't want any woman to be drunk around you.

2) It is that simple. If you know that someone is so drunk that they're physically incapable of declining, then having sex with them is rape. Not "gosh, I don't know, and she just seems tipsy or buzzed," but "I explicitly know she's incapable of declining." If you know that, and you have sex with her, you are a rapist. It's very, very simple.

red5ish:I wonder whether or not a subpoena was involved or if the police can just get this sort of information from FB by asking.

They didn't need to subpoena anyone. As soon as you "Like" something, the owner of the page is notified. And since a "Like" nowadays, is almost the equivalent of "Friending" someone, they could probably instantly see who she was, and where she was. Depending on your security settings, at least.

I remember one time, my sister tagged me for being someplace, and it actually showed a Google map pointing to my house!! I called her up immediately and was like, "Did you see what you just posted?!" All she could say was that it happened automatically thanks to some spiffy new app on her phone.

Considering I don't have my address or phone number listed on FB anywhere, something seems a little wrong about them being able to post that information from someone ELSE's post.